Judgment Search Results Home > Cases Phrase: delhi rent act 1995 Page 16 of about 396,332 results (0.399 seconds)

Gurbir Kaur and anr. Vs. Surinder Singh and ors.

Court : Punjab and Haryana

Reported in : (1997)115PLR65

..... and engineering works (supra) cited by the counsel for the tenants has no applicability to the facts of the present case as the said authority is under delhi rent control act and the words used in the act, are 'the controller shall grant leave' whereas under section 18-a of the punjab act, the words used are 'the controller may give to the tenant leave to contest the application'. in dr. d.n. ..... in the interest of justice, the tenants are allowed one month's time to vacate the premises subject to the condition that they pay all the arrears of rent including the period of one months during which they are to vacate the premises within one week from today and also file an undertaking that they would vacate the ..... the argument of counsel for the tenants that the landlord could have sought the ejectment from the demised premises under the transfer of property act by service of notice under section 106 and in that eventuality the things would have been much easier for him as there was no need of giving any reason for ..... provisions of east punjab urban rent restriction act, 1949 from 28.12.1983 till 31.3.1995. ..... arguments of counsel for the tenants has argued that the punjab government had issued notification dated 9.2.1984 whereby the provisions of the act were made applicable to the urban area of mohali with effect from 1.4.1995. ..... the notified area committee of mohali was exempt from the provisions of east punjab urban rent restriction act, 1949 from 28.12.1983 till 31.3.1995. ..... 1.4.1995. .....

Trustees of E.M. High School Trust and ors. Vs. Kulumben Gulamnabi Mom ...

Court : Gujarat

Reported in : (1996)1GLR521

..... it appears that the learned appellate judge failed to appreciate that demand of such taxes and education cess had been made by the plaintiff-trust not as part of the rent but the demand came to be made alongwith demand of arrears of rent in the notice under section 12(2) of the rent act as the liability for payment of taxes and cess in relation to the super-structure on the part of the tenant was not satisfied and observed by the defendant ..... pay such taxes to the local authority and the state government paid by the landlord and thereafter claiming the same alongwith arrears of rent in a notice would be sufficient to take out the case out of provisions of section 12(3)(a) of the bombay rents, hotel and lodging house rates control act, 1947 (the rent act' for short), is the main issue in focus in this revision.2. the petitioners are the purchasers of the demised premises from ..... result, original defendant-tenant is liable for eviction and the plaintiff-trust is entitled to ejection decree on the ground of non-payamentof rent under section 12(3)(a) of the rent act.the findings and the ultimate conclusion recorded by the learned appellate judge are, therefore, required to be quashed and set aside.14 ..... to the request for postponement of execution of the decree for possession, it is hereby directed that the decree for possession in relation to the demised property shall not be executed till 31st october 1995 on usual terms and conditions and undertaking to be filed within the month from today .....

Kalyan Sahu Vs. State of Orissa and ors.

Court : Orissa

Reported in : 109(2010)CLT607

..... for transportation, storing & processing of minerals for scientific test or research work: :provided also no licence shall be granted to any person unless a person is an indian national or a company as defined in the companies act, 1956: not a defaulter in payment of mining dues payable under the act & the rules made thereunder & has not been convicted by a court in any case relating to any violation under these rules:provided also that in order to discourage procurement of illegally extracted mineral ..... so far as the second contention of the petitioner is concerned, earlier licence was granted in the year 1995 to the petitioner along with nine other persons within 40 km. ..... since the petitioner's licence was being renewed from 1995 till date & the petitioner was earlier granted licence for storing of coal within 40 kms ..... the facts, as narrated in the writ petition, are as follows: the coal licence was granted in favour of the petitioner in the year 1995 & the same was being renewed from time to time. ..... parties 1 to 3 have filed a counter stating therein that section 23c of the act empowers the state government to make rules. ..... jagjit singh reported in : (1995) 1 scc 745 has held that if the order in favour of the other person is found to be contrary to law or not warranted in the facts & circumstances of his case, it is obvious that such illegal or unwarranted order cannot be made the ..... section 23c of the act confers power on the state to make rules within the permissive limit prescribed .....

Commissioner of Income Tax Vs. Samsung India Electronics Ltd.

Court : Delhi

..... assessing officer in the assessment order has recorded that the expenses were incurred before actual business operation started on 1st october, 1995 and in view of judicial pronouncement of the bombay high court in western india vegetables products ltd. vs. ..... on or after 3rd august, 1995 till 30th september, 1995, the respondent- assessee had incurred the following expenses: i recruitment & training expenses 75,777 ii rent 9,37,007 iii printing & stationery 739 iv postage, telephone, telex 2,44,082 v insurance 24,366 vi office maintenance 5,45,000 vii travelling & conveyance 12,90,138 viii repairs & maintenance 24,183 ix carriage & freight 255 x advertisement & sales promotion 2,44,427 xi taxes & ..... (oral) revenue by this appeal under section 260a of the income tax act, 1961 (act, for short) challenges the findings recorded by the income tax appellate tribunal in the order dated 28th november, 2008 that the assessee is entitled to claim and set off expenses of rs.34,95,606/- ..... directed allow the revenue expenditure incurred after the setting up of business which was 3.9.1995, notwithstanding the fact that commercial operations started w.e.f. ..... * in the high court of delhi at new delhi date of decision:9. ..... (delhi) wherein it has been held that a business will commence with the first purchase of stock-in-trade and the date on which the first sale is made is ..... (delhi), it has been observed that the date of setting up of business and date of commencement of business may be two separate .....

Madepalli Venkata Durga Prasada Rao Vs. Sri Rameswara Swamy Vari Templ ...

Court : Andhra Pradesh

Reported in : 1999(1)ALD703; 1999(1)ALT684

..... it becomes therefore apparent that on a conjoint reading of section 29(2) of limitation act of 1963 and section 18 of the rent act of 1965, provisions of section 5 would automatically get attracted to those proceedings as there is nothing in the rent act of 1965 expressly excluding the applicability of limitation act to appeal under section 18 of the rent act.' 6. ..... cultivating tenant, as the case may be, be decided by the special officer after making an enquiry in the manner prescribed: provided that nothing in this sub-section shall apply with respect to any matterpertaining to the fixation of reasonable rent, or the determination of other terms and conditions of the lease relating to the said reasonable rent, under clause (e) of sub-section (1) of section 74 of the andhra i'radesh charitable and hindu religious institutions and endowments ..... it may be noticed that the decision of the apex court in mukri gopalan (supra) is dated 12-7-1995; but the same, however, is not referred to in ., g. ..... majji narsaiah, : 1995(3)alt615 (db) rejected the said application for condonation of delay on the ground that section 5 of the limitation act has no application to the proceedings before the appellate authority under the act. ..... obviously, the decision in mukri gopal case (2 supra) was reported only in november, 1995 part of the air. ..... srirammurthy's case (supra), though the decision of the division bench was rendered on 12-9-1995. .....

Rajendra Kumar Sharma Through His Legal Representatives Vs. Rakesh and ...

Court : Rajasthan

Reported in : AIR2009Raj13; RLW2009(1)Raj107

..... with the same, the plaintiffs preferred an appeal.the appellate court reversed the finding of the trial court and recorded a finding that the present suit was a suit for eviction and recovery of arrears of rent and the question of landlord and tenancy was relevant in it, therefore, suit was maintainable before the civil court and consequently remanded the matter to trial court for fresh decision on all issues framed in the ..... in the circumstances, i am of the opinion that the bar created by section 85 of the wakf act, 1995 does not apply in the present case, which pertains to a suit for eviction of the tenant from the disputed shop after determination of the tenancy/lease. ..... the learned counsel for the defendants - petitioners contended that the disputed property was a wakf property and even if the present suit was a suit for eviction and recovery of arrears of rent but the same was relating to wakf property itself, therefore, trial court was fully justified in returning the suit to plaintiffs for its presentation to competent tribunal. ..... this decision thus laid down that the discretion exercised by the courts below giving relief against forfeiture of tenancy for non-payment of rent under section 114 of the transfer of property act should not normally be interfered with by the higher court.119. ..... the plaintiffs - respondents filed a suit for eviction and recovery of arrears of rent in respect of rented property against defendants - petitioners in the trial court. .....

Kusum Harilal Soni Vs. Chandrika Nandlal Mehta and Anr.

Court : Supreme Court of India

..... licence agreement had expired with respect to the vacation of flat no.f-201, building no.4, prem nagar, mandpesbwar road, borivali (west), mumbai, eviction proceedings had been initiated under section 13a(2) of the bombay rent act, 1947, in which respondent no.1 made a statement that there was another flat being flat no.408 saidham co-operative society sodawala lane, borivli (west), mumbai which was purchased in the name of herself and ..... of respondent no.1, filed chamber summon no.1249/09 for setting aside the attachment of the suit flat and moveables therein by contending that by memo of understanding (for short the mou) dated 11.6.1995 and an unregistered agreement dated 26.6.2001 respondent no.1 had sold the flat in question to respondent no.2 for a sum of rs.4,25,000/-.8. ..... the judgment debtor has failed to indicate that the mou dated 11.6.1995 and the unregistered agreement dated 26.6.2001 at the time when notice was issued and made absolute and execution was ..... is clear that in order to defeat the execution order for payment of compensation, an unregistered agreement has been entered into on 26.6.2001 between mother and the daughter on the basis of so-called mou dated 11.6.1995, which indicates that respondent no.2 was unmarried at the relevant time. ..... it was submitted that the memorandum of understanding dated 11.6.1995 and agreement dated 26.6.2001 are sham and had been set up after passing of the order for possession and compensation by the respondents to defeat ..... new delhi; j. .....

Ms. Sunita A. Gandhi Vs. Mrs. Leena Gandhi Tewari and Others

Court : Mumbai

Reported in : 1998(1)BomCR715

..... deed was for a fixed period of 15 years and it expired on 15th january 1994 when the estate became distributable and in the circumstances, it was open to the plaintiff to institute a separate suit under section 28 of the bombay rent act as the owner /landlord of the premises and it is not open to the plaintiff to come to this court and sue to cancel the agreements and recover possession as a beneficiary under the said trust deed. ..... such a suit can never come within the ambit of theprovisions of section 28 of the bombay rent act, particularly in view of the fact that the recitals in the suit agreement dated 18th december 1992, clearly indicate that it is an independent agreement because it recites that defendant no. ..... 5 is a statutory tenant and in the circumstances, they are protected under the bombay rent act and in the circumstances, it is contended that in the present suit, the plaintiff as beneficiary, is not entitled to seek a declaration for possession because they are trying to bypass the provisions of the bombay rent act by filing the present suit for possession against defendant no. 5. ..... 5 and 4, who are not the objects of the trust cannot contend that she has not benefited for herself as laid down by the court of appeals in 1997 (2) all er 705 and 1995 (4) all er 769, that the trustee who acts with the intention of benefitting persons who are not the objects of the trust is not less dishonest because he does not intend to benefit himself.18. ..... see 1995 (4) all er 769.17. .....

Devasahayam (D) by Lrs. Vs. P. Savithramma and ors.

Court : Supreme Court of India

Reported in : AIR2006SC779; 2005(5)CTC52; JT2005(8)SC361; RLW2006(2)SC969; (2005)7SCC653

..... in r.n gosain (supra), different types of undertakings were given by the tenant that he would vacate the premise which having been acted upon, it was held that having done so, the petitioner cannot be permitted to invoke the jurisdiction of this court under article 136 of the constitution of ..... ) the principle of determination of tenancy by forfeiture consequent upon denial of the lessor's title may not be applicable where rent control legislation intervenes and such legislation while extending protection to tenants from eviction does not recognize such denial or disclaimer as a ground for termination of tenancy and eviction of ..... rao, that the predecessors' in interest of the respondents had filed a suit for eviction before the rent controller on the ground of default on the part of the appellant in payment of rent as it appears from the statement made by pw-1 that the said suit was dismissed for default. ..... buildings (lease, rent & eviction) control act, 1960 (the said act) was enacted 'to consolidate and amend the law relating to the regulation of leasing of buildings, the control of rent thereof and the prevention of unreasonable eviction of tenants therefrom in the state of andhra pradesh ..... however, subsequently on or about 6.11.1995 a second written statement was filed wherein a counter-claim was made which is as under:'i) this defendant submits that the plaintiffs who are the tenants of the defendants since, denied the tenancy and ..... per month from 10.11.1992 till 9.11.1995, i.e. .....

Outdoors Communication Vs. Pwd and Municipal Corporation of Delhi

Court : Delhi

Reported in : 2007(2)CTLJ179(Del)

..... even for the object of the country in getting congestion-free circulation in the city which is hosting the common wealth games, an international sporting event scheduled to be held in delhi in 2010.the pwd has pointed out that no hoardings are allowed on pwd roads and that the mcd has no right to permit the same on land belonging to the pwd ..... in the asia and pacific region held in beijing on 1st to 5th december, 1992, the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 was enacted and brought into force with effect from 7th february, 1996. ..... , mumbai and chennai.analysing the road accidents in the various metropolitan cities, this report has pointed out inter alias that amongst all metros, delhi exhibits maximum accidents of the order of 10,957 closely followed by calcutta with 10,260; and that delhi has the distinction of recording the highest number of fatalities per 1 lakh population of the order of 48.12 followed by bangalore and calcutta which ..... court was concerned with the question as to whether section 3 of the up (temporary) control of rent and eviction act, 1947 was enacted only for the benefit of tenants or whether there was a public policy underlying which ..... (temporary control of rent and evictions) act, 1947 and section 34 of arbitration and conciliation act, 1996.by reason of the said provisions the judiciary has been conferred with power to determine as to the factors of public policy which may form the basis for .....